OCCUPATIONS CODE TITLE 8. REGULATION OF … · (5-a) "Multipurpose residential fire protection...

OCCUPATIONS CODE

TITLE 8. REGULATION OF ENVIRONMENTAL AND INDUSTRIAL TRADES

CHAPTER 1301. PLUMBERS

“THE PLUMBING LICENSE LAW”

SEPTEMBER 1, 2017 (UNOFFICIAL VERSION)

NOTE: This publication has been formatted for easy reading and reference and is not the

official publication of the Plumbing License Law. For the official publication of the

Plumbing License Law (Occupations Code, Title 8, Chapter 1301) please refer to:

http://www.statutes.legis.state.tx.us/?link=OC

TABLE OF CONTENTS

SUBCHAPTER, SECTION NUMBER, TITLE PAGE

SUBCHAPTER A. GENERAL PROVISIONS.

Sec. 1301.001. Short Title. 1

Sec. 1301.002. Definitions. 1

Sec. 1301.003. Application of Sunset Act. 4

Sec. 1301.004. Nonapplicability of Law Governing Cancellation of Certain Transactions. 4

SUBCHAPTER B. EXEMPTIONS.

Sec. 1301.051. Plumbing by Property Owner in Homestead. 5

Sec. 1301.052. Work Inside Counties or Inside or Outside Municipalities. 5

Sec. 1301.053. Work Incidental to Other Professions. 5

Sec. 1301.054. Irrigators and Water Well Pump Installers. 6

Sec. 1301.055. LP Gas Installers. 6

Sec. 1301.056. Lawn Irrigation Systems. 6

Sec. 1301.057. Self-Help Project. 6

Sec. 1301.058. Testing of Medical Gas and Vacuum Piping. 7

SUBCHAPTER C. TEXAS STATE BOARD OF PLUMBING EXAMINERS.

Sec. 1301.151. Texas State Board of Plumbing Examiners Membership. 7

Sec. 1301.152. Eligibility of Public Members. 8

Sec. 1301.153. Membership and Employee Restrictions. 8

Sec. 1301.154. Terms. 8

Sec. 1301.155. Issuance of Commission. 8

Sec. 1301.156. Grounds for Removal. 9

Sec. 1301.157. Officers. 9

Sec. 1301.158. Per Diem; Reimbursement. 9

Sec. 1301.159. Training. 10

SUBCHAPTER D. EXECUTIVE DIRECTOR AND OTHER BOARD PERSONNEL. Sec. 1301.201. Executive Director and Staff. 10

Sec. 1301.202. Plumbing Examiner. 11

Sec. 1301.203. Field Representative; Inspections. 11

Sec. 1301.204. Career Ladder Program; Performance Evaluations. 12

Sec. 1301.205. Equal Employment Opportunity Policy. 12

Sec. 1301.207. Standards of Conduct. 12

Sec. 1301.208. Separation of Responsibilities. 13

SUBCHAPTER E. BOARD POWERS AND DUTIES.

Sec. 1301.251. General Duties of Board. 13

Sec. 1301.252. Rules Restricting Advertising or Competitive Bidding. 13

Sec. 1301.253. Fees. 13

Sec. 1301.254. Seal. 13

Sec. 1301.255. Adoption of Plumbing Codes. 13

Sec. 1301.256. Subpoena. 14

Sec. 1301.257. Advisory Committees. 14

Sec. 1301.258. Board Committees. 15

Sec. 1301.259. Memorandum of Understanding. 15

Sec. 1301.260. Policy on Technological Solutions. 15

Sec. 1301.261. Negotiated Rulemaking and Alternative Dispute Resolution. 16

Sec. 1301.262. Plumbing Inspector Code of Conduct. 16

SUBCHAPTER F. CONSUMER INTEREST INFORMATION AND COMPLAINT

PROCEDURES. Sec. 1301.301. Consumer Interest Information. 16

Sec. 1301.3015. Public Participation. 17

Sec. 1301.302. Contract Information; Required Documents. 17

Sec. 1301.303. Complaints. 17

Sec. 1301.304. Investigation of Complaints. 18

SUBCHAPTER G. LICENSE, ENDORSEMENT, AND REGISTRATION REQUIREMENTS. Sec. 1301.351. License, Endorsement, or Registration Required. 18

Sec. 1301.352. Examination Required. 19

Sec. 1301.3521. Examination Fee Refund. 19

Sec. 1301.3522. Examination Review Course. 20

Sec. 1301.353. Inspector Conflicts Prohibited. 20

Sec. 1301.354. Plumber’s Apprentice. 20

Sec. 1301.3541. Apprentice Registration Requirements. 21

Sec. 1301.355. Examination Results. 21

Sec. 1301.356. Endorsement: Medical Gas Piping Installation. 22

Sec. 1301.3565. Endorsement: Multipurpose Residential Fire Protection Sprinkler Specialist. 22

Sec. 1301.357. Endorsement: Water Supply Protection Specialist. 23

Sec. 1301.3575. Registration of Certain Persons. 24

Sec. 1301.3576. Certificate of Insurance and Training for Responsible Master Plumber. 24 Sec. 1301.358. Out-of-State Applicants; Provisional License. 24

Sec. 1301.3585. License Eligibility Requirements for Applications with Military

Experience. 25

Sec. 1301.359. Statewide Validity of License, Endorsement, or Registration; Nontransferability. 25

SUBCHAPTER H. LICENSE, ENDORSEMENT, AND REGISTRATION EXPIRATION AND

RENEWAL. Sec. 1301.401. Annual Renewal Required. 26

Sec. 1301.402. Notice of License, Endorsement, or Registration Expiration. 26

Sec. 1301.403. Procedure for Renewal. 26

Sec. 1301.404. Mandatory Continuing Professional Education. 27

Sec. 1301.405. Mandatory Training for Drain Cleaner, Drain Cleaner- Restricted Registrant, Residential Utilities Installer. 28

Sec. 1301.406. Transfer of License Number. 28

SUBCHAPTER I. DISCIPLINARY PROCEDURES.

Sec. 1301.451. Disciplinary Powers of the Board. 29

Sec. 1301.452. Grounds for Disciplinary Action. 29

Sec. 1301.4521. Consequences of Criminal Conviction. 30

Sec. 1301.4522. Review of Application. 30

Sec. 1301.453. Hearing. 30

Sec. 1301.454. Administrative Procedure. 31

SUBCHAPTER J. OTHER PENALTIES AND ENFORCEMENT PROVISIONS. Sec. 1301.501. Backflow Prevention. 31

Sec. 1301.502. Citation. 31

Sec. 1301.503. Enforcement by Plumbing Inspector. 31

Sec. 1301.504. Injunction. 31

Sec. 1301.5045. Cease and Desist Order. 32

Sec. 1301.505. Representation by Attorney General. 32

Sec. 1301.506. Appeal Bond Not Required. 32

Sec. 1301.507. Civil Penalty. 32

Sec. 1301.5071. Informal Settlement Conference; Restitution. 32

Sec. 1301.508. Criminal Penalty. 33

SUBCHAPTER K. REGULATION BY CERTAIN POLITICAL SUBDIVISIONS. Sec. 1301.551. Municipal Plumbing Ordinances and Permits. 33

Sec. 1301.552. Certificate of Insurance for Plumbing Permit in Political Subdivision. 34 Sec. 1301.553. Plumbing Inspections in Municipality that Overlaps Another Political Subdivision. 35 SUBCHAPTER M. INTERAGENCY COOPERATION AND REGULATION.

Sec. 1301.651. Definition. 35

Sec. 1301.652. Public Education Effort. 35

SUBCHAPTER N. ADMINISTRATIVE PENALTY.

Sec. 1301.701. Imposition of Penalty. 35

Sec. 1301.702. Amount of Penalty. 36

Sec. 1301.703. Report and Notice of Violation and Penalty. 36

Sec. 1301.704. Penalty to be Paid or Hearing Requested. 36

Sec. 1301.705. Hearing. 37

Sec. 1301.706. Decision by Board. 37

Sec. 1301.707. Options Following Decision: Pay or Appeal. 37

Sec. 1301.708. Stay of Enforcement Penalty. 38

Sec. 1301.709. Decision by Court. 38

Sec. 1301.710. Remittance of Penalty and Interest. 39

Sec. 1301.711. Release of Bond. 39

Sec. 1301.712. Collection of Penalty. 39

Sec. 1301.713. Administrative Procedure. 39

- 1 -

“THE PLUMBING LICENSE LAW”

OCCUPATIONS CODE

TITLE 8. REGULATION OF ENVIRONMENTAL AND INDUSTRIAL TRADES

CHAPTER 1301. PLUMBERS

SEPTEMBER 1, 2017

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1301.001. SHORT TITLE. This chapter may be cited as the Plumbing

License Law.

Sec. 1301.002. DEFINITIONS. In this chapter:

(1) "Board" means the Texas State Board of Plumbing Examiners.

(1-a) "Control valve" means a valve that operates each time water is

supplied to, or shut off from, a receptacle or plumbing fixture. The term does not include

a stop valve that may be installed in the water supply branch to the control valve.

(1-b) "Executive director" means the executive director of the Texas

State Board of Plumbing Examiners.

(2) "Drain cleaner" means a person who:

(A) has completed at least 4,000 hours working under the

supervision of a responsible master plumber as a drain cleaner-restricted registrant;

(B) has fulfilled the requirements of and is registered with the

board; and

(C) installs cleanouts and removes and resets p-traps to eliminate

obstructions in building drains and sewers under the supervision of a responsible

master plumber.

(3) "Drain cleaner-restricted registrant" means a person who:

(A) has worked as a plumber's apprentice under the supervision

of a responsible master plumber;


board; and

(C) clears obstructions in sewer and drain lines through any code-

approved existing opening under the supervision of a responsible master plumber.

(4) "Journeyman plumber" means a person licensed under this chapter

who:

(A) has met the qualifications for registration as a plumber's

apprentice or for licensing as a tradesman plumber-limited license holder;

(B) has completed at least 8,000 hours working under the

supervision of a responsible master plumber;

- 2 -

(C) installs, changes, repairs, services, or renovates plumbing or

supervises any of those activities under the supervision of a responsible master

plumber;

(D) has passed the required examination; and

(E) has fulfilled the other requirements of the board.

(5) "Master plumber" means a person licensed under this chapter who:

(A) is skilled in the design, planning, and superintending of

plumbing and in the practical installation, repair, and servicing of plumbing;

(B) has worked as a journeyman plumber:

(i) for at least four years; or

(ii) for at least one year and has successfully completed a

training program approved by the United States Department of Labor Office of

Apprenticeship or another nationally recognized apprentice training program accepted

by the board;

(C) performs or supervises plumbing work;

(D) has passed the required examination; and

(E) has fulfilled the other requirements of the board.

(5-a) "Multipurpose residential fire protection sprinkler specialist" means

a person who holds an endorsement issued under Section 1301.3565.

(6) "Plumber's apprentice" means a person other than a master

plumber, journeyman plumber, or tradesman plumber-limited license holder who, as the

person's principal occupation, learns about and assists in the installation of plumbing,

has fulfilled the requirements of and is registered by the board, and works under the

supervision of a responsible master plumber and the direct supervision of a licensed

plumber.

(7) "Plumbing" means:

(A) a fixture, appurtenance, appliance, or piping, including a

disposal system, used to:

(i) supply, distribute, circulate, or recirculate water, other

liquid, or gas; or

(ii) eliminate sewage for a personal or domestic purpose;

(B) a fixture, appurtenance, appliance, or piping used outside a

building to connect the building to:

(i) a supply of water, other liquid, medical gases and

vacuum, or other gas on the premises; or

(ii) the main in the street or alley or at the curb;

(C) a fixture, appurtenance, appliance, or piping, including a drain

or waste pipe, used to carry wastewater or sewage from or within a building to:

- 3 -

(i) a sewer service lateral at the curb or in the street or

alley; or

(ii) a disposal or septic terminal that holds private or

domestic sewage; or

(D) the installation, repair, service, or maintenance of a fixture,

appurtenance, appliance, or piping described by Paragraph (A), (B), or (C).

(8) "Plumbing inspector" means a person who:

(A) is employed by a political subdivision or state agency, or

contracts as an independent contractor with a political subdivision or state agency, to

inspect plumbing in connection with health and safety laws, including ordinances, and

plumbing and gas codes;

(B) has passed the required examination; and

(C) has fulfilled the other requirements of the board.

(9) "Residential utilities installer" means a person who:

(A) has completed at least 2,000 hours working under the

supervision of a master plumber as a plumber's apprentice;


board; and

(C) constructs and installs yard water service piping for one-

family or two-family dwellings and building sewers under the supervision of a

responsible master plumber.

(9-a) "Responsible master plumber" means a person licensed as a

master plumber under this chapter who:

(A) allows the person's master plumber license to be used by one

plumbing company for the purpose of offering and performing plumbing work under the

person's master plumber license;

(B) is authorized to obtain permits for plumbing work;

(C) assumes responsibility for plumbing work performed under

the person's license;

(D) has submitted a certificate of insurance as required by

Section 1301.3576; and

(E) has completed a training program required by Section

1301.3576.

(10) "Tradesman plumber-limited license holder" means a person who:

(A) has completed at least 4,000 hours working under the direct

supervision of a journeyman or master plumber as a plumber's apprentice;

(B) has passed the required examination;

(C) constructs and installs plumbing for one-family or two-family

dwellings under the supervision of a responsible master plumber; and

- 4 -

(D) has fulfilled the other requirements of the board.

(11) "Water supply protection specialist" means a person who holds an

endorsement issued by the board to engage in:

(A) customer service inspections, as defined by rule of the Texas

Commission on Environmental Quality; and

(B) the installation, service, and repair of plumbing associated

with the treatment, use, and distribution use of rainwater to supply a plumbing fixture or

appliance.

(12) "Water treatment" means a business conducted under contract that

requires ability, experience, and skill in analyzing water to determine how to treat

influent and effluent water to change or purify the water or to add or remove minerals,

chemicals, or bacteria. The term does not include treatment of rainwater or the repair

of systems for rainwater harvesting. The term includes:

(A) installing and servicing fixed or portable water treatment

equipment in a public or private water treatment system; or

(B) making connections necessary to install a water treatment

system. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch.

819, Sec. 1(a), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.301(a), eff. Sept. 1, 2003. Amended by: Acts

2009, 81st Leg., R.S., Ch. 804 (S.B. 1410), Sec. 1, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 1380 (S.B.

1354), Sec. 1, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 18.002, eff. September 1,

2011. Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 18.003, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S.,

Ch. 526 (H.B. 2376), Sec. 1, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 981 (H.B. 2062), Sec. 1, eff.

September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 973 (H.B. 2255), Sec. 1, eff. September 1, 2015.

Sec. 1301.003. APPLICATION OF SUNSET ACT. The Texas State Board of

Plumbing Examiners is subject to Chapter 325, Government Code (Texas Sunset Act).

Unless continued in existence as provided by that chapter, the board is abolished and

this chapter expires September 1, 2019. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 819, Sec. 2, eff. Sept. 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S.,

Ch. 1232 (S.B. 652), Sec. 4.09, eff. June 17, 2011.

Sec. 1301.004. NONAPPLICABILITY OF LAW GOVERNING

CANCELLATION OF CERTAIN TRANSACTIONS. Except as otherwise provided by

this section, Chapter 601, Business & Commerce Code, does not apply to a good or

service provided by a license holder under this chapter if the transaction involving the

good or service is initiated by the consumer. Chapter 601, Business & Commerce

Code, does apply to a transaction that involves a breach of express warranty or a

negligent installation in violation of a building code applicable to the good or service

sold to the consumer. Added by Acts 2009, 81st Leg., R.S., Ch. 937 (H.B. 3129), Sec. 1, eff. June 19, 2009.

- 5 -

SUBCHAPTER B. EXEMPTIONS

Sec. 1301.051. PLUMBING BY PROPERTY OWNER IN HOMESTEAD. A

property owner is not required to be licensed under this chapter to perform plumbing in

the property owner's homestead. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Sec. 1301.052. WORK INSIDE COUNTIES OR INSIDE OR OUTSIDE

MUNICIPALITIES. A person is not required to be licensed under this chapter to

perform plumbing, other than plumbing performed in conjunction with new construction,

repair, or remodeling, on a property that is:

(1) located in a subdivision or on a tract of land that is not required to be

platted under Section 232.0015, Local Government Code;

(2) not connected to a public water system and is located outside a

municipality;

(3) located outside a municipality and connected to a public water

system that does not require a license to perform plumbing; or

(4) located inside a municipality that is within a county that has fewer

than 50,000 inhabitants and that:

(A) has fewer than 5,000 inhabitants; and

(B) by municipal ordinance has authorized a person who is not

licensed under this chapter to perform plumbing. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff.

June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 819, Sec. 3(a), eff. Sept. 1, 2003. Amended by: Acts 2009, 81st

Leg., R.S., Ch. 1380 (S.B. 1354), Sec. 2, eff. September 1, 2009.

Sec. 1301.053. WORK INCIDENTAL TO OTHER PROFESSIONS.

(a) A person is not required to be licensed under this chapter to perform:

(1) plumbing incidental to and in connection with the business in which

the person is employed or engaged if the person:

(A) is regularly employed as or acting as a maintenance person

or maintenance engineer; and

(B) does not engage in plumbing for the public;

(2) construction, installation, or maintenance on the premises or

equipment of a railroad if the person is an employee of the railroad who does not

engage in plumbing for the public;

(3) plumbing if the person is engaged by a public service company to:

(A) lay, maintain, or operate its service mains or lines to the point

of measurement; and

(B) install, change, adjust, repair, remove, or renovate

appurtenances, equipment, or appliances;

- 6 -

(4) appliance installation and service work, other than installation and

service work on water heaters, that involves connecting appliances to existing openings

with a code-approved appliance connector if the person performs the work as an

appliance dealer or an employee of an appliance dealer; or

(5) water treatment installations, exchanges, services, or repairs, other

than the treatment of rainwater to supply a plumbing fixture or appliance.

(b) Work described by this section is subject to inspection and approval as

provided by applicable state law or municipal ordinance. Added by Acts 2001, 77th Leg., ch. 1421,

Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.303(a), eff. Sept. 1, 2003. Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1380 (S.B. 1354), Sec. 3, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 981

(H.B. 2062), Sec. 2, eff. September 1, 2013.

Sec. 1301.054. IRRIGATORS AND WATER WELL PUMP INSTALLERS. A

person is not required to be licensed under this chapter to perform plumbing if the

person holds a:

(1) certificate of registration as an irrigator issued under Chapter 1903;

or

(2) license as a water well pump installer issued under Chapter 1902.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Sec. 1301.055. LP GAS INSTALLERS. A person is not required to be

licensed under this chapter to perform LPG system installation if the person performs

the LPG system installation as an LP gas installer licensed under Subchapter D,

Chapter 113, Natural Resources Code. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1,

2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.303(a), eff. Sept. 1, 2003.

Sec. 1301.056. LAWN IRRIGATION SYSTEMS. A person licensed by the

board is not required to be licensed by another board or agency to install or work on a

lawn irrigation system. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Sec. 1301.057. SELF-HELP PROJECT.

(a) A person is not required to be licensed under this chapter to perform

plumbing, limited to the provision of a residential potable water supply or residential

sanitary sewer connection, for a project that:

(1) is in a county a part of which is within 50 miles of an international

border; and

(2) is performed by an organization that:

(A) is certified by the Texas Natural Resource Conservation

Commission to provide self-help project assistance; and

(B) provides the board with the following information before the

30th day before the date the project begins:

- 7 -

(i) the exact location of the project;

(ii) the intended duration of the project; and

(iii) other information the board requires.

(b) The board may require under Subsection (a)(2)(B)(iii) that the organization

provide a post-construction report signed by a plumbing inspector stating that the

plumbing is safe.

(c) The board may provide training to an organization that provides self-help

project assistance under this section. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Sec. 1301.058. TESTING OF MEDICAL GAS AND VACUUM PIPING. A

person is not required to be licensed under this chapter to verify medical gas and

vacuum piping integrity and content. Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.303(a), eff. Sept.

1, 2003.

SUBCHAPTER C. TEXAS STATE BOARD OF PLUMBING EXAMINERS

Sec. 1301.151. TEXAS STATE BOARD OF PLUMBING EXAMINERS

MEMBERSHIP.

(a) The Texas State Board of Plumbing Examiners consists of nine members

appointed by the governor with the advice and consent of the senate as follows:

(1) one member who has at least 10 years' practical experience and is

licensed as a master plumber;

(2) one member who has at least five years' practical experience and is

licensed as a journeyman plumber;

(3) one member who has at least five years' practical experience and is

licensed as a plumbing inspector;

(4) one member who has been a responsible master plumber for at least

five years with at least 10 years' experience as a licensed journeyman plumber or

master plumber;

(5) one member who is a licensed engineer practicing in the field of

plumbing engineering;

(6) two members who are building contractors with at least five years'

contracting experience, one of whom is principally engaged in home building and one of

whom is principally engaged in commercial building; and

(7) two members who represent the public.

(b) Each member of the board must be a United States citizen.

(c) Appointments to the board shall be made without regard to the race, color,

disability, sex, religion, age, or national origin of the appointee. Added by Acts 2001, 77th Leg.,

ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 819, Sec. 4, eff. Sept. 1, 2003; Acts 2003,

- 8 -

78th Leg., ch. 1276, Sec. 14A.304(a), eff. Sept. 1, 2003. Amended by: Acts 2015, 84th Leg., R.S., Ch. 973 (H.B. 2255),

Sec. 2, eff. September 1, 2015.

Sec. 1301.152. ELIGIBILITY OF PUBLIC MEMBERS. A person is not eligible

for appointment as a public member of the board if the person or the person's spouse:

(1) is licensed by an occupational regulatory agency in the building

construction industry;

(2) is employed by or participates in the management of an agency or

business entity related to the building construction industry; or

(3) has, other than as a consumer, a financial interest in a business

entity related to the building construction industry. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3,

eff. June 1, 2003.

Sec. 1301.153. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.

(a) In this section, "Texas trade association" means a cooperative and

voluntarily joined statewide association of business or professional competitors in this

state designed to assist its members and its industry or profession in dealing with

mutual business or professional problems and in promoting their common interest.

(b) A person may not be a member of the board and may not be a board

employee employed in a "bona fide executive, administrative, or professional capacity,"

as that phrase is used for purposes of establishing an exemption to the overtime

provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et

seq.), and its subsequent amendments, if:

(1) the person is an officer, employee, or paid consultant of a Texas

trade association in the field of building construction; or

(2) the person's spouse is an officer, manager, or paid consultant of a

Texas trade association in the field of building construction.

(c) A person may not be a member of the board or act as the general counsel

to the board or the agency if the person is required to register as a lobbyist under

Chapter 305, Government Code, because of the person's activities for compensation

on behalf of a profession related to the operation of the agency. Added by Acts 2001, 77th

Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 819, Sec. 5, eff. Sept. 1, 2003.

Sec. 1301.154. TERMS. Board members serve staggered six-year terms.


Sec. 1301.155. ISSUANCE OF COMMISSION. On presentation of the

constitutional oath of office and a certificate of appointment, the secretary of state shall

issue a commission to a board member as evidence of the person's authority to act as

a board member. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

- 9 -

Sec. 1301.156. GROUNDS FOR REMOVAL.

(a) It is a ground for removal from the board that a member:

(1) does not have at the time of taking office the qualifications required

by Section 1301.151 or 1301.152;

(2) does not maintain during service on the board the qualifications

required by Section 1301.151 or 1301.152;

(3) is ineligible for membership under Section 1301.153;

(4) cannot, because of illness or disability, discharge the member's

duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled board

meetings that the member is eligible to attend during a calendar year without an excuse

approved by a majority vote of the board.

(b) The validity of an action of the board is not affected by the fact that it is

taken when a ground for removal of a board member exists.

(c) If the executive director has knowledge that a potential ground for removal

exists, the executive director shall notify the presiding officer of the board of the

potential ground. The presiding officer shall then notify the governor and the attorney

general that a potential ground for removal exists. If the potential ground for removal

involves the presiding officer, the executive director shall notify the next highest ranking

officer of the board, who shall then notify the governor and the attorney general that a

potential ground for removal exists. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Amended by Acts 2003, 78th Leg., ch. 819, Sec. 6, eff. Sept. 1, 2003.

Sec. 1301.157. OFFICERS.

(a) The governor shall designate a member of the board as the presiding

officer of the board to serve in that capacity at the pleasure of the governor.

(b) The board shall elect a secretary from its membership. Added by Acts 2001, 77th


Sec. 1301.158. PER DIEM; REIMBURSEMENT.

(a) A board member may not receive a fixed salary for service on the board.

(b) A board member is entitled to receive a per diem as set by the General

Appropriations Act for each day the member engages in the business of the board.

(c) A board member may not receive reimbursement for travel expenses,

including expenses for meals and lodging, other than transportation expenses. A

member is entitled to reimbursement for transportation expenses as provided by the

General Appropriations Act. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

- 10 -

Sec. 1301.159. TRAINING.

(a) A person who is appointed to and qualifies for office as a member of the

board may not vote, deliberate, or be counted as a member in attendance at a meeting

of the board until the person completes a training program that complies with this

section.

(b) The training program must provide the person with information regarding:

(1) this chapter;

(2) the programs operated by the agency;

(3) the role and functions of the agency;

(4) the rules of the agency, with an emphasis on the rules that relate to

disciplinary and investigatory authority;

(5) the current budget for the agency;

(6) the results of the most recent formal audit of the agency;

(7) the requirements of:

(A) the open meetings law, Chapter 551, Government Code;

(B) the public information law, Chapter 552, Government Code;

(C) the administrative procedure law, Chapter 2001, Government

Code; and

(D) other laws relating to public officials, including conflict-of-

interest laws; and

(8) any applicable ethics policies adopted by the agency or the Texas

Ethics Commission.

(c) A person appointed to the board is entitled to reimbursement, as provided

by the General Appropriations Act, for the travel expenses incurred in attending the

training program regardless of whether the attendance at the program occurs before or

after the person qualifies for office. Added by Acts 2003, 78th Leg., ch. 819, Sec. 8, eff. Sept. 1, 2003.

SUBCHAPTER D. EXECUTIVE DIRECTOR AND OTHER BOARD PERSONNEL

Sec. 1301.201. EXECUTIVE DIRECTOR AND STAFF.

(a) The board shall employ an executive director as the executive head of the

agency.

(b) The board may employ personnel as necessary to administer this chapter.

The board may determine the compensation and duties of its employees and the terms

of their employment. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Amended by Acts 2003, 78th Leg., ch. 819, Sec. 10, eff. Sept. 1, 2003.

- 11 -

Sec. 1301.202. PLUMBING EXAMINER.

(a) The board shall employ one or more plumbing examiners. A plumbing

examiner serves at the will of the board. A plumbing examiner must:

(1) hold a license as a plumber issued under this chapter;

(2) be knowledgeable of this chapter and municipal ordinances relating

to plumbing; and

(3) be qualified by experience and training in plumbing practice.

(b) A plumbing examiner shall:

(1) examine the fitness and qualifications of a person applying to the

board for a license as a master plumber, journeyman plumber, tradesman plumber-

limited license holder, or plumbing inspector; and

(2) promptly certify the result of the examination to the board. Added by

Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.305(a),

eff. Sept. 1, 2003. Amended by: Acts 2015, 84th Leg., R.S., Ch. 973 (H.B. 2255), Sec. 3, eff. September 1, 2015.

Sec. 1301.203. FIELD REPRESENTATIVE; INSPECTIONS.

(a) The board may employ a field representative to assist the board in

enforcing this chapter and rules adopted under this chapter. A field representative

must:

(1) hold a license as a plumber under this chapter;

(2) be knowledgeable of this chapter and municipal ordinances relating

to plumbing; and

(3) be qualified by experience and training in plumbing practice.

(b) A field representative may:

(1) conduct on-site license checks to determine compliance with this

chapter;

(2) investigate consumer complaints filed under Section 1301.303;

(3) assist municipal plumbing inspectors in enforcing this chapter;

(4) issue citations as provided by Section 1301.502; and

(5) in the performance of the field representative's other duties under

this chapter, check the license, registration, or endorsement of a person regulated by

the Texas Department of Licensing and Regulation in accordance with the

memorandum of understanding adopted under Section 1301.259 and report any

noncompliance to that agency. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Amended by Acts 2003, 78th Leg., ch. 819, Sec. 11, eff. Sept. 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch.

1380 (S.B. 1354), Sec. 4, eff. September 1, 2009.

- 12 -

Sec. 1301.204. CAREER LADDER PROGRAM; PERFORMANCE

EVALUATIONS.

(a) The presiding officer of the board or the presiding officer's designee shall

develop an intra-agency career ladder program. The program must require intra-

agency posting of each nonentry level position at least 10 days before the date of any

public posting.

(b) The presiding officer of the board or the presiding officer's designee shall

develop a system of annual performance evaluations based on measurable job tasks.

All merit pay for board employees must be based on the system established under this

subsection. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Sec. 1301.205. EQUAL EMPLOYMENT OPPORTUNITY POLICY.

(a) The executive director or the executive director's designee shall prepare

and maintain a written policy statement that implements a program of equal

employment opportunity to ensure that all personnel decisions are made without regard

to race, color, disability, sex, religion, age, or national origin.

(b) The policy statement must include:

(1) personnel policies, including policies relating to recruitment,

evaluation, selection, training, and promotion of personnel, that show the intent of the

agency to avoid the unlawful employment practices described by Chapter 21, Labor

Code; and

(2) an analysis of the extent to which the composition of the agency's

personnel is in accordance with state and federal law and a description of reasonable

methods to achieve compliance with state and federal law.

(c) The policy statement must:

(1) be updated annually;

(2) be reviewed by the state Commission on Human Rights for

compliance with Subsection (b)(1); and

(3) be filed with the governor's office. Added by Acts 2003, 78th Leg., ch. 819, Sec.

12, eff. Sept. 1, 2003.

Sec. 1301.207. STANDARDS OF CONDUCT. The executive director or the

executive director's designee shall provide to members of the board and to agency

employees, as often as necessary, information regarding the requirements for office or

employment under this chapter, including information regarding a person's

responsibilities under applicable laws relating to standards of conduct for state officers

or employees. Added by Acts 2003, 78th Leg., ch. 819, Sec. 12, eff. Sept. 1, 2003.

- 13 -

Sec. 1301.208. SEPARATION OF RESPONSIBILITIES. The board shall

develop and implement policies that clearly separate the policy-making responsibilities

of the board and the management responsibilities of the executive director and the staff

of the agency. Added by Acts 2003, 78th Leg., ch. 819, Sec. 12, eff. Sept. 1, 2003.

SUBCHAPTER E. BOARD POWERS AND DUTIES

Sec. 1301.251. GENERAL DUTIES OF BOARD. The board shall:

(1) administer this chapter;

(2) adopt and enforce rules necessary to administer this chapter; and

(3) keep a record of each proceeding conducted before and action taken

by the board. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Sec. 1301.252. RULES RESTRICTING ADVERTISING OR COMPETITIVE

BIDDING.

(a) The board may not adopt a rule restricting advertising or competitive

bidding by a person licensed under this chapter except to prohibit false, misleading, or

deceptive practices by the person.

(b) The board may not include in its rules to prohibit false, misleading, or

deceptive practices a rule that:

(1) restricts the person's use of any medium for advertising;

(2) restricts the person's personal appearance or use of the person's

voice in an advertisement;

(3) relates to the size or duration of an advertisement by the person; or

(4) restricts the person's advertisement under a trade name. Added by Acts

2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Sec. 1301.253. FEES. The board shall set fees in amounts that are

reasonable and necessary to cover the cost of administering this chapter. Added by Acts

2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Sec. 1301.254. SEAL. The board shall have an official seal. Added by Acts 2001,

77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Sec. 1301.255. ADOPTION OF PLUMBING CODES.

(a) The board shall adopt the following plumbing codes, as those codes existed

on May 31, 2001:

(1) the Uniform Plumbing Code, as published by the International

Association of Plumbing and Mechanical Officials; and

- 14 -

(2) the International Plumbing Code, as published by the International

Code Council.

(b) The board by rule may adopt later editions of the plumbing codes listed in

Subsection (a).

(c) Plumbing installed in an area not otherwise subject to regulation under this

chapter by a person licensed under this chapter must be installed in accordance with a

plumbing code adopted by the board under Subsection (a) or (b).

(d) In adopting a code for the design, installation, and maintenance of a

plumbing system under this section, a municipality or an owner of a public water system

may amend any provisions of the code to conform to local concerns that do not

substantially vary from board rules or other rules of this state.

(e) Plumbing installed in compliance with a code adopted under Subsection

(a), (b), or (d) must be inspected by a plumbing inspector. To perform the inspection,

the political subdivision may contract with any plumbing inspector or qualified plumbing

inspection business, as determined by the political subdivision, that is paid directly by

the political subdivision. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts

2003, 78th Leg., ch. 1276, Sec. 14A.306(a), eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1212 (H.B.

1850), Sec. 1, eff. September 1, 2007.

Sec. 1301.256. SUBPOENA.

(a) The board may request and, if necessary, compel by subpoena:

(1) the attendance of a witness for examination under oath; and

(2) the production for inspection and copying of records, documents,

and other evidence relevant to the investigation of an alleged violation of this chapter.

(b) The board, acting through the attorney general, may bring an action to

enforce a subpoena issued under Subsection (a) against a person who fails to comply

with the subpoena.

(c) Venue for an action brought under Subsection (b) is in a district court in:

(1) Travis County; or

(2) any county in which the board may hold a hearing.

(d) The court shall order compliance with the subpoena if the court finds that

good cause exists to issue the subpoena.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Text of section as added by Acts 2003, 78th Leg.,

ch. 1276, Sec. 14A.305(b)For text of section as added by Acts 2003, 78th Leg., ch. 819, Sec. 13, see Sec. 1301.258,

ante.

Sec. 1301.257. ADVISORY COMMITTEES. The board may appoint advisory

committees as it considers necessary. An advisory committee shall serve without

compensation or reimbursement and is subject to Section 2110.008, Government

- 15 -

Code. Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.305(b), eff. Sept. 1, 2003. Text of section as added by Acts

2003, 78th Leg., ch. 819, Sec. 13 For text of section as added by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.305(b), see

Sec. 1301.258, post.

Sec. 1301.258. BOARD COMMITTEES.

(a) The board may create committees to assist the board in exercising its

powers and duties.

(b) The presiding officer of the board shall appoint the members of the

committees. Except as provided by Subsection (c), each committee member must be a

member of the board.

(c) The presiding officer may appoint only members of the agency staff to an

enforcement committee that reviews complaints and license registration and reviews

endorsement applications submitted by applicants who have a criminal conviction

history affected by Chapter 53. Added by Acts 2003, 78th Leg., ch. 819, Sec. 13, eff. Sept. 1, 2003.

Sec. 1301.259. MEMORANDUM OF UNDERSTANDING.

(a) The board and the Texas Department of Licensing and Regulation shall

enter into a memorandum of understanding to improve services and coordinate the

functions of each agency.

(b) The memorandum of understanding must:

(1) require each agency to share:

(A) information technology to support the regulation and

enforcement of occupational licenses; and

(B) information on regulatory practices for licensed occupations,

including policy issues that affect the regulation of licensed occupations,

standardization of complaint and enforcement techniques, and model licensing

techniques;

(2) authorize enforcement officers from each agency to check licenses,

registrations, or endorsements held by persons practicing occupations regulated by the

other agency and report noncompliance to that agency; and

(3) state the circumstances when a joint investigation between the board

and the Texas Department of Licensing and Regulation is appropriate. Added by Acts 2003,

78th Leg., ch. 819, Sec. 13, eff. Sept. 1, 2003.

Sec. 1301.260. POLICY ON TECHNOLOGICAL SOLUTIONS. The board

shall develop and implement a policy requiring the executive director and agency

employees to research and propose appropriate technological solutions to improve the

agency's ability to perform its functions. The technological solutions must:

(1) ensure that the public is able to easily find information about the

agency on the Internet;

- 16 -

(2) ensure that persons who want to use the agency's services are able

to:

(A) interact with the agency through the Internet; and

(B) access any service that can be provided effectively through

the Internet; and

(3) be cost-effective and developed through the agency's planning

processes. Added by Acts 2003, 78th Leg., ch. 819, Sec. 13, eff. Sept. 1, 2003.

Sec. 1301.261. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE

RESOLUTION.

(a) The board shall develop and implement a policy to encourage the use of:

(1) negotiated rulemaking procedures under Chapter 2008, Government

Code, for the adoption of agency rules; and

(2) appropriate alternative dispute resolution procedures under Chapter

2009, Government Code, to assist in the resolution of internal and external disputes

under the agency's jurisdiction.

(b) The agency's procedures relating to alternative dispute resolution must

conform, to the extent possible, to any model guidelines issued by the State Office of

Administrative Hearings for the use of alternative dispute resolution by state agencies.

(c) The board shall designate a trained person to:

(1) coordinate the implementation of the policy adopted under

Subsection (a);

(2) serve as a resource for any training needed to implement the

procedures for negotiated rulemaking or alternative dispute resolution; and

(3) collect data concerning the effectiveness of those procedures, as

implemented by the agency. Added by Acts 2003, 78th Leg., ch. 819, Sec. 13, eff. Sept. 1, 2003.

Sec. 1301.262. PLUMBING INSPECTOR CODE OF CONDUCT. The board

by rule shall establish a code of conduct for licensed plumbing inspectors. The code of

conduct shall require a plumbing inspector to enforce this chapter and board rules in a

consistent manner across job sites. Added by Acts 2003, 78th Leg., ch. 819, Sec. 13, eff. Sept. 1, 2003.

SUBCHAPTER F. CONSUMER INTEREST INFORMATION AND COMPLAINT

PROCEDURES

Sec. 1301.301. CONSUMER INTEREST INFORMATION.

(a) The board shall prepare information of consumer interest describing the

regulatory functions of the board and the procedures by which consumer complaints

are filed with and resolved by the board.

- 17 -

(b) The board shall make the information available to the public and

appropriate state agencies. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Sec. 1301.3015. PUBLIC PARTICIPATION. The board shall develop and

implement policies that provide the public with a reasonable opportunity to appear

before the board and to speak on any issue under the jurisdiction of the agency. Added

by Acts 2003, 78th Leg., ch. 819, Sec. 14, eff. Sept. 1, 2003.

Sec. 1301.302. CONTRACT INFORMATION; REQUIRED DOCUMENTS. A

written proposal, invoice, or contract relating to plumbing services performed by or

under the direction of a plumber licensed under this chapter must contain the name and

license number of the responsible master plumber and the name, mailing address, and

telephone number of the board. The person who performed the services shall give the

customer an invoice or completed contract document on completion of the job,

regardless of whether the person charged a fee for performing the services. Added by Acts

2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.308(a), eff.

Sept. 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 804 (S.B. 1410), Sec. 2, eff. September 1, 2009. Acts 2013,

83rd Leg., R.S., Ch. 981 (H.B. 2062), Sec. 3, eff. September 1, 2013.

Sec. 1301.303. COMPLAINTS.

(a) The board may investigate an alleged violation of this chapter by a person

who:

(1) is licensed under this chapter;

(2) is the owner of a plumbing company subject to this chapter; or

(3) performs plumbing without holding a license under this chapter.

(b) The board shall maintain a file on each written complaint filed with the

board. The file must include:

(1) the name of the person who filed the complaint;

(2) the date the complaint is received by the agency;

(3) the subject matter of the complaint;

(4) the name of any municipality and the county in which the conduct

that is the subject of the complaint occurred;

(5) the name of each person contacted in relation to the complaint;

(6) a summary of the results of the review or investigation of the

complaint; and

(7) an explanation of the reason the file was closed, if the agency closed

the file without taking action other than to investigate the complaint.

(c) The agency shall provide to the person filing the complaint and to each

person who is a subject of the complaint a copy of the agency's policies and procedures

relating to complaint investigation and resolution.

- 18 -

(d) The board, at least quarterly and until final disposition of the complaint,

shall notify the person filing the complaint and each person who is a subject of the

complaint of the status of the investigation unless the notice would jeopardize an

undercover investigation.

(e) The board by rule shall assign priorities and prescribe investigative

procedures for investigations of complaints based on:

(1) the severity of the conduct alleged in the complaint; and

(2) the degree of harm to public health, safety, or property.

(f) The board shall maintain information about complaints, including source,

type, and geographical area, to identify and address regulatory problem areas and

focus enforcement in those areas. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Amended by Acts 2003, 78th Leg., ch. 819, Sec. 15, eff. Sept. 1, 2003. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 981

(H.B. 2062), Sec. 4, eff. September 1, 2013.

Sec. 1301.304. INVESTIGATION OF COMPLAINTS.

(a) The enforcement committee or an employee designated by the

enforcement committee may investigate an alleged violation of this chapter or a board

rule that is reported to the board.

(b) The enforcement committee shall determine whether a person has

committed the violation and shall recommend appropriate sanctions to the board or, if

the enforcement committee determines that the complaint is without merit, dismissal of

the complaint.

(c) The board shall conduct joint investigations with the Texas Department of

Licensing and Regulation as circumstances require.

(d) Unless a threat to health or safety exists, the board may choose to not

investigate a complaint in which the person filing the complaint and the person who is

the subject of the complaint are engaged in litigation related to the subject matter of the

complaint until the outcome of the litigation is finally determined if the board determines

the complaint process is being abused. Added by Acts 2003, 78th Leg., ch. 819, Sec. 16, eff. Sept. 1,

2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 526 (H.B. 2376), Sec. 2, eff. September 1, 2011.

SUBCHAPTER G. LICENSE, ENDORSEMENT, AND REGISTRATION

REQUIREMENTS

Sec. 1301.351. LICENSE, ENDORSEMENT, OR REGISTRATION

REQUIRED.

(a) A person, other than a responsible master plumber, may not engage in

plumbing unless:

- 19 -

(1) the person holds the proper license, registration, or endorsement

required by this chapter; and

(2) the person's work is supervised and controlled by a person licensed

under this chapter.

(a-1) A person may not act as a responsible master plumber unless the person

holds the appropriate license and meets the requirements for a responsible master

plumber under this chapter.

(a-2) A person that advertises or otherwise offers to perform or provide

plumbing must secure the services of a responsible master plumber.

(b) A person may not serve as a plumbing inspector unless the person is

licensed under this chapter as a plumbing inspector.

(c) A license holder who is supervising and controlling under Subsection (a)(2)

the work of a person engaged in the business of plumbing in the construction of a new

one-family or two-family dwelling in an unincorporated area of the state must have

training and management responsibility for, and shall review and inspect, the person's

work. The license holder is not required to provide continuous or uninterrupted on-the-

job oversight of the person's work.

(d) A person who holds a license or registration issued under this chapter shall

carry the license or registration on his or her person while engaged in plumbing. Added by

Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 819, Sec. 17, eff. Sept.

1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.309(b), (c), eff. Sept. 1, 2003. Amended by: Acts 2009, 81st Leg.,

R.S., Ch. 804 (S.B. 1410), Sec. 3, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 981 (H.B. 2062), Sec. 5, eff.

September 1, 2013.

Sec. 1301.352. EXAMINATION REQUIRED. The board shall issue a license

or endorsement as a master plumber, journeyman plumber, plumbing inspector,

tradesman plumber-limited license holder, medical gas piping installation endorsement

holder, water supply protection specialist, or multipurpose residential fire protection

sprinkler specialist to a person who demonstrates the fitness, competence, and

qualifications to receive the license or endorsement by passing a uniform, reasonable

examination. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th

Leg., ch. 1276, Sec. 14A.310 (a), eff. Sept. 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 804 (S.B. 1410), Sec. 4,

eff. September 1, 2009.

Sec. 1301.3521. EXAMINATION FEE REFUND.

(a) The board shall refund the examination fee paid by an applicant who:

(1) provides advance notice of the applicant's inability to take the

examination; or

(2) is unable to take the examination because of an emergency.

- 20 -

(b) The board shall adopt rules that establish the required notification period

and the emergency situations that warrant a refund. Added by Acts 2003, 78th Leg., ch. 819, Sec.

18, eff. Sept. 1, 2003.

Sec. 1301.3522. EXAMINATION REVIEW COURSE.

(a) The board shall develop a review course in English and Spanish to assist

license applicants in preparation for each license examination offered by the board. If

the board provides the review course, the board may charge a fee to an applicant who

applies to take the review course.

(b) The board may provide the review course training materials to private

course providers for a fee determined by the board. Added by Acts 2003, 78th Leg., ch. 819, Sec.

18, eff. Sept. 1, 2003.

Sec. 1301.353. INSPECTOR CONFLICTS PROHIBITED. The board may not

issue a plumbing inspector license to a person who has a financial or advisory interest

in a plumbing company. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Sec. 1301.354. PLUMBER'S APPRENTICE.

(a) A person who desires to learn the trade of plumbing must register as a

plumber's apprentice before assisting a person licensed under this chapter in the trade

of plumbing.

(b) A person who has worked as a plumber's apprentice for a period

established by law or board rule may apply to take an examination for a license as a

journeyman plumber or tradesman plumber-limited license holder. Before the applicant

may take the examination, the applicant must complete classroom training provided by

a board-approved instructor in a board-approved training program in the areas of health

and safety, applicable plumbing codes, and water conservation for at least:

(1) 24 hours if the applicant is applying to take a tradesman plumber-

limited license holder examination; or

(2) 48 hours if the applicant is applying to take a journeyman plumber

examination.

(b-1) At the applicant's request, the board may credit an applicant under

Subsection (b) with a number of hours determined by board rule against the number of

hours of work experience required to take an examination if the applicant has received

an associate of applied science degree from a plumbing technology program that:

(1) includes a combination of classroom and on-the-job training; and

(2) is approved by the board and the Texas Higher Education

Coordinating Board.

- 21 -

(c) At the applicant's request, the board may credit an applicant under

Subsection (b) with up to 1,000 hours of the work experience required before taking an

examination if the applicant has completed the classroom portion of a training program:

(1) approved by the United States Department of Labor, Office of

Apprenticeship; or

(2) provided by a person approved by the board and based on course

materials approved by the board.

(c-1) At the applicant’s request, the board may credit an applicant under

Subsection (b) with up to 250 hours of the work experience required before taking an

examination if the applicant has completed a coherent sequence of courses in the

construction trade that are offered through a career and technical education program

that is approved by the State Board of Education.

(d) Notwithstanding the classroom training required by Subsection (b), a

plumber's apprentice may apply for and take an examination for a license as a

journeyman plumber or tradesman plumber-limited license holder if the apprentice has

received an associate of applied science degree from a plumbing technology program

that:

(1) includes a combination of classroom and on-the-job training; and

(2) is approved by the board and the Texas Higher Education

Coordinating Board.

(e) Notwithstanding Subsection (b), a plumber's apprentice who is enrolled in

good standing in a training program approved by the United States Department of

Labor, Office of Apprenticeship, may take an examination without completing the

classroom training required by Subsection (b)(1) or (2). Added by Acts 2001, 77th Leg., ch. 1421,

Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.311(a), eff. Sept. 1, 2003. Amended

by: Acts 2009, 81st Leg., R.S., Ch. 181 (H.B. 1758), Sec. 1, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 1380

(S.B. 1354), Sec. 5, eff. September 1, 2009. Acts 2015, 84th Leg., R.S., Ch. 973 (H.B. 2255), Sec. 4, eff. September 1,

2015. Acts 2017, 85th Leg., R.S., Ch. 281 (H.B. 3049), eff. September 1, 2017.

Sec. 1301.3541. APPRENTICE REGISTRATION REQUIREMENTS. The

board by rule may adopt registration requirements for plumber's apprentices, including

training and education requirements. Added by Acts 2003, 78th Leg., ch. 819, Sec. 19, eff. Sept. 1, 2003.

Sec. 1301.355. EXAMINATION RESULTS.

(a) The board shall notify each examinee of the results of an examination not

later than the 30th day after the date the examination is administered.

(b) If requested in writing by a person who fails an examination, the board shall

provide to the person an analysis of the person's performance on the examination.


- 22 -

Sec. 1301.356. ENDORSEMENT: MEDICAL GAS PIPING INSTALLATION.

(a) A person may not install pipe used solely to transport gas for medical

purposes or a vacuum used for medical purposes unless the person:

(1) is licensed under this chapter as a master plumber or journeyman

plumber; and

(2) holds an endorsement issued under this section.

(b) A person is eligible to receive a medical gas piping installation

endorsement if the person performs satisfactorily on a separate examination related to

the endorsement.

(c) An endorsement under this section is valid for three years and may be

renewed as provided by board rule.

(d) An endorsement under this section coincides with rules adopted by the

Texas Department of Health.

(e) A plumbing inspector who meets the requirements of the board may hold a

medical gas endorsement and inspect medical gas piping installations. Added by Acts 2001,

77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.312(a), eff. Sept.

1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 804 (S.B. 1410), Sec. 5, eff. September 1, 2009.

Sec. 1301.3565. ENDORSEMENT: MULTIPURPOSE RESIDENTIAL FIRE

PROTECTION SPRINKLER SPECIALIST.

(a) A person may not engage in the installation of a multipurpose residential

fire protection sprinkler system that uses a single piping system to provide potable

water for fire protection sprinklers and for domestic plumbing fixtures and appliances

unless the person:


plumber; and


(a-1) A person may not design a multipurpose residential fire protection

sprinkler system for installation under this section unless the person:

(1) is licensed under this chapter as a master plumber; and


(b) The board shall issue an endorsement as a multipurpose residential fire

protection sprinkler specialist to a person who:

(1) holds the license described by Subsection (a);

(2) applies to the board on a form prescribed by the board;

(3) pays a fee set by the board;

(4) presents evidence satisfactory to the board of successful completion

of a training program approved by the board that provides the training necessary for the

proper design and installation of a multipurpose residential fire protection sprinkler

- 23 -

system as required by the applicable codes and standards recognized by the state; and

(5) passes an examination required by the board.

(c) An endorsement issued under this section is valid until the third anniversary

of the date of issuance and may be renewed on compliance with any requirements

prescribed by board rule.

(d) A person who holds an endorsement under this section may represent to

the public that the person is a multipurpose residential fire protection sprinkler

specialist.

(e) Notwithstanding any other law, a person who holds an endorsement under

this section is not required to hold a license or registration issued by another state

agency in order to install a multipurpose residential fire protection sprinkler system.

(e-1) Notwithstanding any other law, a master plumber who holds an

endorsement under this section is not required to hold a license or registration issued

by another state agency in order to design a multipurpose residential fire protection

sprinkler system for installation under this section.

(f) A plumbing inspector who meets the requirements of the board may inspect

a multipurpose residential fire protection sprinkler installation. Added by Acts 2009, 81st Leg.,

R.S., Ch. 804 (S.B. 1410), Sec. 6, eff. September 1, 2009; Subsec. (a) eff. June 1, 2010. Amended by: Acts 2011, 82nd

Leg., R.S., Ch. 526 (H.B. 2376), Sec. 3, eff. September 1, 2011.

Sec. 1301.357. ENDORSEMENT: WATER SUPPLY PROTECTION

SPECIALIST.

(a) A person licensed under this chapter may not act as a water supply

protection specialist unless the person holds an endorsement issued under this section.

(b) The board shall issue an endorsement as a water supply protection

specialist to a person who:


plumber;

(2) applies to the board on a form prescribed by the board;

(3) pays a fee set by the board;

(4) presents evidence satisfactory to the board of successful completion

of a certification program approved by the board for water supply protection specialists;

and

(5) passes an examination required by the board.

(c) An endorsement issued under this section is valid until the third anniversary

of the date of issuance and may be renewed on compliance with any requirements

prescribed by board rule.

(d) A person who holds an endorsement under this section may represent to

the public that the person is a water supply protection specialist.

- 24 -

(e) A person is not required to hold a water supply protection specialist

endorsement if the person is employed by:

(1) a political subdivision; or

(2) an electric utility as defined by Section 31.002, Utilities Code. Added

by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 981 (H.B.


Sec. 1301.3575. REGISTRATION OF CERTAIN PERSONS. The board shall

register a person who complies with this chapter as a drain cleaner, drain cleaner-

restricted registrant, residential utilities installer, or plumber's apprentice. Added by Acts

2003, 78th Leg., ch. 1276, Sec. 14A.305(c), eff. Sept. 1, 2003.

Sec. 1301.3576. CERTIFICATE OF INSURANCE AND TRAINING FOR

RESPONSIBLE MASTER PLUMBER. Before a master plumber works as a responsible

master plumber, the master plumber must:

(1) provide the board with a certificate of insurance that meets the

requirements of Section 1301.552; and

(2) present evidence satisfactory to the board of successful completion

of a training program approved or administered by the board regarding the laws and

rules applicable to the operation of a plumbing business in this state. Added by Acts 2003,

78th Leg., ch. 1276, Sec. 14A.315(a), eff. Sept. 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 804 (S.B. 1410),

Sec. 7, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 526 (H.B. 2376), Sec. 4, eff. September 1, 2011.

Sec. 1301.358. OUT-OF-STATE APPLICANTS; PROVISIONAL LICENSE.

(a) The board may waive any prerequisite to obtaining a license for an

applicant after reviewing the applicant's credentials and determining that the applicant

holds a license issued by another jurisdiction that has licensing requirements

substantially equivalent to those of this state.

(b) The board may issue a provisional license to an applicant currently licensed

in another jurisdiction who seeks a license in this state and who:

(1) has been licensed in good standing as a plumber for at least two

years in another jurisdiction, including a foreign country, that has licensing requirements

substantially equivalent to the requirements of this chapter;

(2) has passed a national or other examination recognized by the board

relating to the practice of plumbing; and

(3) is sponsored by a person licensed by the board under this chapter

with whom the provisional license holder will practice during the time the person holds a

provisional license.

- 25 -

(c) The board may waive the requirement of Subsection (b)(3) for an applicant

if the board determines that compliance with that subdivision would be a hardship to the

applicant.

(d) A provisional license is valid until the date the board approves or denies the

provisional license holder's application for a license. The board shall issue a license

under this chapter to the provisional license holder if:

(1) the provisional license holder is eligible to be licensed under

Subsection (a); or

(2) the provisional license holder passes the part of the examination

under Section 1301.352 that relates to the applicant's knowledge and understanding of

the laws and rules relating to the practice of plumbing in this state and:

(A) the board verifies that the provisional license holder meets the

academic and experience requirements for a license under this chapter; and

(B) the provisional license holder satisfies any other licensing

requirements under this chapter.

(e) The board must approve or deny a provisional license holder's application

for a license not later than the 180th day after the date the provisional license is issued.

The board may extend the 180-day period if the results of an examination have not

been received by the board before the end of that period.

(f) The board may establish a fee for provisional licenses in an amount

reasonable and necessary to cover the cost of issuing the license. Added by Acts 2001, 77th


Sec. 1301.3585. LICENSE ELIGIBILITY REQUIREMENTS FOR

APPLICANTS WITH MILITARY EXPERIENCE.

(a) Notwithstanding any other law, the board shall credit verified military

service, training, or education toward the licensing requirements, other than

examination requirements, for a license issued under this chapter by the board.

(b) The board shall expedite the issuance of a provisional license or a license

by endorsement or reciprocity under this chapter to an applicant who:

(1) has verified military experience; and

(2) holds a current license issued by another jurisdiction that has license

requirements that are substantially equivalent to the license requirements of this state.

(c) The board shall adopt rules necessary to implement this section. Added by

Acts 2013, 83rd Leg., R.S., Ch. 976 (H.B. 2028), Sec. 1, eff. June 14, 2013.

Sec. 1301.359. STATEWIDE VALIDITY OF LICENSE, ENDORSEMENT, OR

REGISTRATION; NONTRANSFERABILITY.

(a) A license, endorsement, or registration issued under this chapter is valid

throughout this state.

- 26 -

(b) Except as provided by Section 1301.406, the number of a license,

endorsement, or registration issued under this chapter is not assignable or transferable.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec.

14A.307(a), eff. Sept. 1, 2003. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1074 (H.B. 2464), Sec. 1, eff. September 1,

2015. Acts 2017 85th Leg., R.S., Ch. 273 (H.B. 2095), eff. September 1, 2017.

SUBCHAPTER H. LICENSE, ENDORSEMENT, AND REGISTRATION EXPIRATION

AND RENEWAL

Sec. 1301.401. ANNUAL RENEWAL REQUIRED.

(a) A license or registration under this chapter is valid for one year. On

payment of the required fee, a license may be renewed annually.

(b) The board by rule may adopt a system under which licenses, endorsements,

and registrations expire on various dates during the year. Added by Acts 2001, 77th Leg., ch. 1421,

Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.307(c), eff. Sept. 1, 2003.

Sec. 1301.402. NOTICE OF LICENSE, ENDORSEMENT, OR

REGISTRATION EXPIRATION.

(a) Not later than the 31st day before the expiration date of a person's license,

endorsement, or registration, the board shall send written notice of the impending

expiration to the person at the person's last known address according to board records.

(b) The person shall notify the board not later than the 30th day after the date

of receipt of the written notice of any change of name or address. Added by Acts 2001, 77th

Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.307(c), eff. Sept. 1,

2003.

Sec. 1301.403. PROCEDURE FOR RENEWAL.

(a) A person who is otherwise eligible to renew a license, endorsement, or

registration may renew an unexpired license, endorsement, or registration by paying the

required renewal fee to the agency before the expiration date of the license,

endorsement, or registration. A person whose license, endorsement, or registration has

expired may not engage in activities that require a license, endorsement, or registration

until the license, endorsement, or registration has been renewed.

(b) A person whose license or endorsement has been expired for 90 days or

less may renew the license or endorsement by paying to the agency a renewal fee that

is equal to 1-1/2 times the normally required renewal fee. A person whose registration

has been expired for 90 days or less may renew the registration by paying to the board

a renewal fee that is equal to 1-1/2 times the normally required renewal fee.

(c) A person whose license or endorsement has been expired for more than 90

days but less than two years may renew the license or endorsement by paying to the

agency a renewal fee that is equal to two times the normally required renewal fee. A

- 27 -

person whose registration has been expired for more than 90 days but less than two

years may renew the registration by paying to the board a renewal fee that is equal to

two times the normally required renewal fee.

(d) A person whose license, endorsement, or registration has been expired for

two years or more may not renew the license, endorsement, or registration. The person

may obtain a new license, endorsement, or registration by complying with the

requirements and procedures, including the examination requirements, for obtaining an

original license, endorsement, or registration.

(e) A person who held a license, endorsement, or registration in this state,

moved to another state, and is currently holding a license, endorsement, or registration

and has been in practice in the other state for the two years preceding the date of

application may obtain a new license, endorsement, or registration without

reexamination. The person must pay to the agency a fee that is equal to two times the

normally required renewal fee for the license, endorsement, or registration.

(f) Not later than the 30th day before the date a person's license, endorsement,

or registration is scheduled to expire, the agency shall send written notice of the

impending expiration to the person at the person's last known address according to the

records of the agency. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts

2003, 78th Leg., ch. 819, Sec. 21(a), eff. Sept. 1, 2003.

Sec. 1301.404. MANDATORY CONTINUING PROFESSIONAL EDUCATION.

(a) The board shall recognize, approve, and administer continuing education

programs for persons who hold licenses or endorsements under this chapter.

(b) A person who holds a license or endorsement under this chapter must

complete at least six hours of continuing professional education each year the person

holds the license or endorsement to renew the person's license or endorsement. Three

of the six hours must be in the subjects of health protection, energy conservation, and

water conservation.

(c) The board by rule shall adopt the criteria for the continuing professional

education.

(d) A person may receive credit for participating in a continuing professional

education program or course only if the program or course is provided:

(1) by an individual, business, or association approved by the board;

and

(2) according to criteria adopted by the board.

(e) A person may complete the continuing professional education requirement

of this section through a correspondence course as approved by the board.

(f) The board by rule may exempt certain persons from the requirements of this

section if the board determines that the exemption is in the public interest. Added by Acts

- 28 -

2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A. 305(d), eff.

Sept. 1, 2003.

Sec. 1301.405. MANDATORY TRAINING FOR DRAIN CLEANER, DRAIN

CLEANER-RESTRICTED REGISTRANT, AND RESIDENTIAL UTILITIES

INSTALLER.

(a) To renew the certificate of registration, a person who holds a certificate of

registration under this chapter as a drain cleaner, drain cleaner-restricted registrant, or

residential utilities installer must annually complete at least six hours of approved

training that includes training in health and safety requirements, board-approved

plumbing codes, and water conservation.

(b) A person may receive credit for participating in a training program only if the

program is provided:

(1) by a person approved by the board; and

(2) according to criteria adopted by the board.

(c) The board by rule may exempt certain persons from the requirements of

this section if the board determines that the exemption is in the public interest. Added by

Acts 2009, 81st Leg., R.S., Ch. 1380 (S.B. 1354), Sec. 6, eff. September 1, 2009.

Sec. 1301.406. TRANSFER OF LICENSE NUMBER.

(a) On approval by the board, a person who holds an unexpired license under

this chapter and whose license has been held continuously for at least 35 consecutive

years may transfer the license number on the date of the person's retirement or death

to another person who:

(1) is related within the second degree by consanguinity to the

transferor; and

(2) holds a license issued under this chapter that is the same type of

license as the license held by the transferor.

(b) The application for a transfer of a license number under this section must

include the transferor's consent and a designation of whether the license number will

transfer on the retirement or death of the transferor.

(c) The board shall transfer a license number to a person who submits an

application and presents evidence satisfactory to the board that

(1) the person meets the requirements under Subsections (a)(1) and

(a)(2); and

(2) the transferor is retired or dead. Added by Acts 2015, 84th Leg., R.S., Ch. 1074

(H.B. 2464), Sec. 2, eff. September 1, 2015. Amended by: Acts 2017 85th Leg., R.S., Ch. 273, (H.B. 2095), eff.

September 1, 2017.

- 29 -

SUBCHAPTER I. DISCIPLINARY PROCEDURES

Sec. 1301.451. DISCIPLINARY POWERS OF BOARD.

(a) The board shall revoke, suspend, deny, or refuse to renew a license,

endorsement, or registration or shall reprimand a holder of a license, endorsement, or

registration for a violation of this chapter, an order issued by the board, or a rule of the

board.

(b) A person whose license, endorsement, or registration has been revoked

may not apply for a new license, endorsement, or registration before the first

anniversary of the date of revocation.

(c) The board may place on probation a person whose license, endorsement,

or registration is suspended. If a license, endorsement, or registration suspension is

probated, the board may require the person:

(1) to report regularly to the agency on matters that are the basis of the

probation;

(2) to limit practice to the areas prescribed by the board; or

(3) to continue or review professional education until the person attains

a degree of skill satisfactory to the board in those areas that are the basis of the

probation.

(d) The board by rule shall:

(1) adopt written guidelines to ensure that probation is administered

consistently; and

(2) develop a system to track compliance with the probation

requirements. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th

Leg., ch. 819, Sec. 22(a), eff. Sept. 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 804 (S.B. 1410), Sec. 8, eff.

September 1, 2009.

Sec. 1301.452. GROUNDS FOR DISCIPLINARY ACTION.

(a) A person is subject to disciplinary action under Section 1301.451 if the

person violates this chapter, an order issued by the board, or a board rule. A violation

of this chapter includes:

(1) obtaining a license, endorsement, or registration through error or

fraud;

(2) wilfully, negligently, or arbitrarily violating a municipal rule or

ordinance that regulates sanitation, drainage, or plumbing;

(3) making a misrepresentation of services provided or to be provided;

(4) making a false promise with the intent to induce a person to contract

for a service; or

- 30 -

(5) employing a person who does not hold a license or endorsement or

who is not registered to engage in an activity for which a license, endorsement, or

registration is required under this chapter.

(b) Retesting procedures may be used to determine whether grounds exist for

suspension or revocation of a license, endorsement, or registration due to

incompetence or a wilful violation by a person licensed under this chapter. Added by Acts

2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.313(a), eff.

Sept. 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 804 (S.B. 1410), Sec. 9, eff. September 1, 2009.

Sec. 1301.4521. CONSEQUENCES OF CRIMINAL CONVICTION.

(a) The board shall adopt rules in compliance with the guidelines authorized by

Chapter 53 relating to criminal convictions.

(b) The board shall adopt a method to review the agency's compliance with

Chapter 53 and the rules adopted under this section. Added by Acts 2003, 78th Leg., ch. 819, Sec.

23, eff. Sept. 1, 2003.

Sec. 1301.4522. REVIEW OF APPLICATION.

(a) The enforcement committee may approve, without board approval, the

application for a license, endorsement, or registration of a person who has a criminal

conviction if the enforcement committee finds that the criminal conviction does not

directly relate to the duties and responsibilities of the business of plumbing in

accordance with the rules adopted by the board under Section 1301.4521.

(b) If the enforcement committee determines that a person is ineligible for a

license, endorsement, or registration based on the person's criminal conviction, the

person may request a hearing before an administrative law judge of the State Office of

Administrative Hearings to review the enforcement committee's determination.

(c) After receipt of the administrative law judge's proposed findings of fact and

conclusions of law, the board shall determine the applicant's eligibility. The board shall

provide an applicant who is denied a license a written statement containing the reasons

for the board's action.

(d) An applicant who has a criminal conviction may appear before the board or

the enforcement committee to present information relating to the applicant's criminal

conviction. Added by Acts 2003, 78th Leg., ch. 819, Sec. 23, eff. Sept. 1, 2003.

Sec. 1301.453. HEARING. A person is entitled to a hearing before the board if

the board proposes to:

(1) deny the person's application for a license, endorsement, or

registration; or

- 31 -

(2) suspend or revoke the person's license, endorsement, or

registration. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th

Leg., ch. 1276, Sec. 14A.313(a), eff. Sept. 1, 2003.

Sec. 1301.454. ADMINISTRATIVE PROCEDURE. A proceeding under this

subchapter is a contested case for purposes of Chapter 2001, Government Code.


SUBCHAPTER J. OTHER PENALTIES AND ENFORCEMENT PROVISIONS

Sec. 1301.501. BACKFLOW PREVENTION.

(a) A person may not sell, donate, or transfer a water closet plumbing fixture or

other equipment that uses water if the fixture or equipment:

(1) does not comply with a state-approved plumbing code; and

(2) may permit the backflow of a nonpotable substance into a potable

water supply.

(b) The board shall adopt rules under this section that include a list describing

the types of plumbing to which this section applies. Added by Acts 2001, 77th Leg., ch. 1421, Sec.

3, eff. June 1, 2003.

Sec. 1301.502. CITATION.

(a) A field representative, water district plumbing inspector, or, within the

jurisdiction of the municipality, municipal plumbing inspector may issue a citation to a

person who engages in conduct described by Section 1301.508.

(b) The board shall adopt guidelines relating to the circumstances when a field

representative may issue a citation. The guidelines must encourage the use of other

enforcement measures, including imposition of administrative penalties, before the

issuance of a citation. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts

2003, 78th Leg., ch. 819, Sec. 24, eff. Sept. 1, 2003.

Sec. 1301.503. ENFORCEMENT BY PLUMBING INSPECTOR. Each

plumbing inspector shall enforce this chapter. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff.

June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.314(a), eff. Sept. 1, 2003.

Sec. 1301.504. INJUNCTION.

(a) In addition to any other action authorized by law, the board may bring an

action in the board's name to enjoin a person from violating this chapter or a board rule.

(b) To sustain an action under this section, the board is not required to allege

or prove that:

(1) an adequate remedy at law does not exist; or

- 32 -

(2) substantial or irreparable damage would result from the continued

violation.

(c) Any party to an action under this section may appeal.

(d) Venue for an action brought under this section is in a district court in Travis

County. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by: Acts 2009, 81st Leg., R.S.,

Ch. 804 (S.B. 1410), Sec. 10, eff. September 1, 2009.

Sec. 1301.5045. CEASE AND DESIST ORDER.

(a) The executive director may issue a cease and desist order as necessary to

enforce this chapter if the executive director determines that the action is necessary to

prevent a violation of this chapter and to protect public health and safety.

(b) A violation of an order under this section constitutes grounds for imposing

an administrative penalty under Subchapter N. Added by Acts 2003, 78th Leg., ch. 819, Sec. 25, eff.

Sept. 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 804 (S.B. 1410), Sec. 11, eff. September 1, 2009.

Sec. 1301.505. REPRESENTATION BY ATTORNEY GENERAL. The

attorney general shall represent the board in an action to enforce this chapter. Added by

Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Sec. 1301.506. APPEAL BOND NOT REQUIRED. The board is not required

to post an appeal bond in an action arising under this chapter. Added by Acts 2001, 77th Leg.,

ch. 1421, Sec. 3, eff. June 1, 2003.

Sec. 1301.507. CIVIL PENALTY. A person who violates this chapter or a rule,

permit, or order of the board is subject to a civil penalty of not less than $50 or more

than $1,000 for each act of violation and for each day of violation after notice is

provided to the person. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.

Sec. 1301.5071. INFORMAL SETTLEMENT CONFERENCE; RESTITUTION.

(a) The board by rule shall establish procedures under which an informal

settlement conference is conducted to resolve a complaint against a person licensed

under this chapter.

(b) Subject to Subsection (c), the board may order a person licensed under

this chapter to pay restitution to a person as provided in an agreement resulting from an

informal settlement conference instead of or in addition to assessing an administrative

penalty under Subchapter N.

(c) The amount of restitution ordered as provided by an agreement resulting

from an informal settlement conference may not exceed the amount the person paid to

the license holder for a service regulated by this chapter. The board may not require

payment of other damages or estimate harm in a restitution order. Added by Acts 2003, 78th

Leg., ch. 819, Sec. 25, eff. Sept. 1, 2003.

- 33 -

Sec. 1301.508. CRIMINAL PENALTY.

(a) A person commits an offense if the person:

(1) violates this chapter or a rule adopted under this chapter;

(2) does not hold a license or endorsement or is not registered under

this chapter and engages in an activity for which a license, endorsement, or registration

is required; or

(3) employs a person who does not hold a license or endorsement or

who is not registered to engage in an activity for which a license, endorsement, or

registration is required under this chapter.

(b) An offense under this section is a Class C misdemeanor. Added by Acts 2001,

77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.313(b), eff. Sept.

1, 2003.

SUBCHAPTER K. REGULATION BY CERTAIN POLITICAL SUBDIVISIONS

Sec. 1301.551. MUNICIPAL PLUMBING ORDINANCES AND PERMITS.

(a) A municipality with more than 5,000 inhabitants shall regulate by ordinance

or bylaw the material, construction, alteration, and inspection of any pipe, faucet, tank,

valve, water heater, or other fixture by or through which a supply of water, gas, or

sewage is used or carried.

(b) Any other municipality may regulate by ordinance or bylaw the matters

described by Subsection (a).

(c) A municipality that adopts an ordinance or bylaw under this section shall

provide by ordinance or bylaw that a person must obtain a permit before the person

performs plumbing, other than the repairing of leaks, the replacement of lavatory or

kitchen faucets, the replacement of ballcocks or water control valves, the replacement

of garbage disposals, or the replacement of water closets. The municipality may

prescribe the terms on which the permit is issued.

(d) A plumbing inspection in a municipality that adopts an ordinance or bylaw

under this section must be performed by a plumbing inspector.

(e) A municipality or other political subdivision in this state that requires a

plumbing contractor to obtain a permit before the person performs plumbing shall by

telephone, fax, or e-mail:

(1) accept permit applications;

(2) collect required fees; and

(3) issue the required permits.

- 34 -

(f) If drawings of proposed plumbing work are required by the municipality or

other political subdivision, the municipality or political subdivision shall specify how

permit drawings are to be submitted.

(g) A responsible master plumber, plumbing contractor, or other person who is

required to obtain a permit under this section is not required to pay a plumbing

registration fee or administrative fee in a municipality or any other political subdivision.

(h) A plumbing contractor must register, electronically or in person, with a

municipality or other political subdivision that requires registration before performing

plumbing regulated by the municipality or other political subdivision.

(i) Notwithstanding any other provision of state law, after January 1, 2009, a

municipality may not enact an ordinance, bylaw, order, building code, or rule requiring

the installation of a multipurpose residential fire protection sprinkler system or any other

fire sprinkler protection system in a new or existing one- or two-family dwelling. A

municipality may adopt an ordinance, bylaw, order, or rule allowing a multipurpose

residential fire protection sprinkler specialist or other contractor to offer, for a fee, the

installation of a fire sprinkler protection system in a new one- or two-family dwelling.

(j) A multipurpose residential fire protection sprinkler specialist may install a

multipurpose residential fire protection sprinkler system in a new or existing one- or two-

family dwelling in a municipality described by Subsection (a) or (b). Added by Acts 2001, 77th

Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.315(b), eff. Sept. 1,

2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 804 (S.B. 1410), Sec. 12, eff. September 1, 2009. Acts 2009, 81st

Leg., R.S., Ch. 1380 (S.B. 1354), Sec. 7, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec.

27.001(46), eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 981 (H.B. 2062), Sec. 7, eff. September 1, 2013.

Sec. 1301.552. CERTIFICATE OF INSURANCE FOR PLUMBING PERMIT IN

POLITICAL SUBDIVISION. A political subdivision that requires a responsible master

plumber or an agent of a responsible master plumber to obtain a permit before

performing plumbing in the political subdivision shall verify through the board's Internet

website, or by contacting the board by telephone, that the responsible master plumber

has on file with the board a certificate of insurance.

The certificate of insurance must:

(1) be written by an insurer authorized to engage in the business of

insurance in this state or an eligible surplus lines insurer, as defined by Section

981.002, Insurance Code;

(2) provide for commercial general liability insurance for the responsible

master plumber for a claim for property damage or bodily injury, regardless of whether

the claim arises from negligence or on a contract; and

(3) provide coverage of not less than $300,000 for all claims arising in a

one-year period. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by: Acts 2009,

- 35 -

81st Leg., R.S., Ch. 1380 (S.B. 1354), Sec. 8, eff. September 1, 2009. Added by Acts 2011, 82nd Leg., R.S., Ch. 526 (H.B.


Sec. 1301.553. PLUMBING INSPECTIONS IN MUNICIPALITY THAT

OVERLAPS ANOTHER POLITICAL SUBDIVISION. If the boundaries of a municipality

and another political subdivision overlap, only the affected municipality may perform a

plumbing inspection and collect a permit fee. Added by Acts 2003, 78th Leg., ch. 1276, Sec.

14A.315(c), eff. Sept. 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1380 (S.B. 1354), Sec. 8, eff. September 1,

2009.

SUBCHAPTER M. INTERAGENCY COOPERATION AND REGULATION

Sec. 1301.651. DEFINITION. In this subchapter, "local workforce development

board" means a board created under Subchapter F, Chapter 2308, Government Code.

Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.

Sec. 1301.652. PUBLIC EDUCATION EFFORT. (a) The board and the Texas

Workforce Commission shall, through the local workforce development boards,

coordinate efforts to educate the public about the plumbing profession and the

resources available to employers for the recruitment and training of plumbers, including

providing:

(1) each local workforce development board with:

(A) information about the licensing requirements for the plumbing

profession; and

(B) available statistical data regarding plumbing; and

(2) a link to each agency's Internet site and to the Internet sites of other

local workforce development boards.

(b) The board may, during public and industry awareness seminars, raise

awareness of the career ladder in the plumbing industry and the opportunities that

plumbing apprenticeships offer.

(c) This section applies to the extent that the plumbing profession is designated

as an occupation in demand by a local workforce development board. Added by Acts 2003,

78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.

SUBCHAPTER N. ADMINISTRATIVE PENALTY

Sec. 1301.701. IMPOSITION OF PENALTY. The board may impose an

administrative penalty on a person who violates this chapter or a rule or order adopted

under this chapter. Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.

- 36 -

Sec. 1301.702. AMOUNT OF PENALTY. (a) The amount of an administrative

penalty may not exceed $5,000 for each violation. Each day a violation continues or

occurs is a separate violation for purposes of imposing a penalty.

(b) The amount of the penalty shall be based on:

(1) the seriousness of the violation, including:

(A) the nature, circumstance, extent, and gravity of any prohibited

act; and

(B) the hazard or potential hazard created to the health, safety, or

economic welfare of the public;

(2) the economic harm to property or the environment caused by the

violation;

(3) the history of previous violations;

(4) the amount necessary to deter a future violation;

(5) efforts made to correct the violation; and

(6) any other matter that justice may require.

(c) The board by rule or through procedures adopted by the board and

published in the Texas Register shall develop a standardized penalty schedule based

on the criteria listed in Subsection (b). Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1,

2003.

Sec. 1301.703. REPORT AND NOTICE OF VIOLATION AND PENALTY.

(a) If the enforcement committee determines that a violation occurred, the

enforcement committee may issue to the board a report stating:

(1) the facts on which the determination is based; and

(2) the committee's recommendation on the imposition of the penalty,

including a recommendation on the amount of the penalty.

(b) Not later than the 14th day after the date the report is issued, the

enforcement committee shall give written notice of the report to the person.

(c) The notice must:

(1) include a brief summary of the alleged violation;

(2) state the amount of the recommended penalty; and

(3) inform the person of the person's right to a hearing on the

occurrence of the violation, the amount of the penalty, or both. Added by Acts 2003, 78th Leg.,

ch. 819, Sec. 26, eff. Sept. 1, 2003.

Sec. 1301.704. PENALTY TO BE PAID OR HEARING REQUESTED.

(a) Not later than the 20th day after the date the person receives the notice, the

person in writing may:

- 37 -

(1) accept the determination and recommended penalty of the

enforcement committee; or

(2) make a request for a hearing on the occurrence of the violation, the

amount of the penalty, or both.

(b) If the person accepts the determination and recommended penalty of the

enforcement committee, the board by order shall approve the determination and

impose the recommended penalty.

(c) Failure to request a hearing or accept the determination and recommended

penalty within the time provided by this section waives the right to a hearing under this

chapter.

(d) If the board determines without a hearing that the person committed a

violation and a penalty is to be imposed, the board shall:

(1) provide written notice to the person of the board ’s findings;

and

(2) enter an order requiring the person to pay the recommended

penalty. Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003. Amended by: Acts 2017, 85th Leg., R.S.

Ch. 967, ( S.B. 2065), eff. September 1, 2017.

Sec. 1301.705. HEARING.

(a) If the person requests a hearing, the enforcement committee shall set a

hearing and give written notice of the hearing to the person. An administrative law

judge of the State Office of Administrative Hearings shall hold the hearing.

(b) The administrative law judge shall make findings of fact and conclusions of

law and promptly issue to the board a proposal for a decision about the occurrence of

the violation and the amount of a proposed penalty. Added by Acts 2003, 78th Leg., ch. 819, Sec.

26, eff. Sept. 1, 2003. Amended by: Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), eff. September 1, 2017.

Sec. 1301.706. DECISION BY BOARD.

(a) Based on the findings of fact, conclusions of law, and proposal for a

decision, the board by order may:

(1) find that a violation occurred and impose a penalty; or

(2) find that a violation did not occur.

(b) The notice of the board's order given to the person must include a

statement of the right of the person to judicial review of the order. Added by Acts 2003, 78th


Sec. 1301.707. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.

(a) Not later than the 30th day after the date the board's order becomes final,

the person shall:

(1) pay the penalty; or

- 38 -

(2) file a petition for judicial review contesting the occurrence of the

violation, the amount of the penalty, or both.

(b) Failure by the person to pay the penalty is grounds for the board to refuse

to renew the person's license or registration and to refuse to issue a new license or

registration to the person. Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003. Amended by

Acts 2009, 81st Leg., R.S., Ch. 804 (S.B. 1410), Sec. 13, eff. September 1, 2009.

Sec. 1301.708. STAY OF ENFORCEMENT OF PENALTY.

(a) Within the 30-day period prescribed by Section 1301.707, a person who

files a petition for judicial review may:

(1) stay enforcement of the penalty by:

(A) paying the penalty to the court for placement in an escrow

account; or

(B) giving the court a supersedeas bond approved by the court that:

(i) is for the amount of the penalty; and

(ii) is effective until all judicial review of the board's order is

final; or

(2) request the court to stay enforcement of the penalty by:

(A) filing with the court a sworn affidavit of the person stating that

the person is financially unable to pay the penalty and is financially unable to give the

supersedeas bond; and

(B) sending a copy of the affidavit to the enforcement committee

by certified mail.

(b) If the enforcement committee receives a copy of an affidavit under

Subsection (a)(2), the executive director may file with the court, not later than the fifth

day after the date the copy is received, a contest to the affidavit.

(c) The court shall hold a hearing on the facts alleged in the affidavit as soon

as practicable and shall stay the enforcement of the penalty on finding that the alleged

facts are true. The person who files an affidavit has the burden of proving that the

person is financially unable to pay the penalty and to give a supersedeas bond. Added by

Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.

Sec. 1301.709. DECISION BY COURT.

(a) If the court sustains the finding that a violation occurred, the court may

uphold or reduce the amount of the penalty and order the person to pay the full or

reduced amount of the penalty.

(b) If the court does not sustain the finding that a violation occurred, the court

shall order that a penalty is not owed. Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1,

2003.

- 39 -

Sec. 1301.710. REMITTANCE OF PENALTY AND INTEREST.

(a) If the person paid the penalty and if the amount of the penalty is reduced or

the penalty is not upheld by the court, the court shall order, when the court's judgment

becomes final, that the appropriate amount plus accrued interest be remitted to the

person.

(b) The interest accrues at the rate charged on loans to depository institutions

by the New York Federal Reserve Bank.

(c) The interest shall be paid for the period beginning on the date the penalty is

paid and ending on the date the penalty is remitted. Added by Acts 2003, 78th Leg., ch. 819, Sec.

26, eff. Sept. 1, 2003.

Sec. 1301.711. RELEASE OF BOND. (a) If the person gave a supersedeas

bond and the penalty is not upheld by the court, the court shall order, when the court's

judgment becomes final, the release of the bond.

(b) If the person gave a supersedeas bond and the amount of the penalty is

reduced, the court shall order the release of the bond after the person pays the reduced

amount. Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.

Sec. 1301.712. COLLECTION OF PENALTY. (a) If the person does not pay

the penalty and the enforcement of the penalty is not stayed, the penalty may be

collected.

(b) The attorney general may sue to collect the penalty. Added by Acts 2003, 78th


Sec. 1301.713. ADMINISTRATIVE PROCEDURE. A proceeding to impose

the penalty is considered to be a contested case under Chapter 2001, Government

Code. Added by Acts 2003, 78th Leg., ch. 819, Sec. 26, eff. Sept. 1, 2003.

OCCUPATIONS CODE TITLE 8. REGULATION OF … · (5-a) "Multipurpose residential fire protection...

Documents

Transcript of OCCUPATIONS CODE TITLE 8. REGULATION OF … · (5-a) "Multipurpose residential fire protection...